Penalties for Selling Tobacco Without a Permit

The state of Idaho requires all tobacco vendors to register with the Department of Health & Welfare by taking out a permit. These permits are free of charge and take just minutes to obtain using this web site.

Selling tobacco without obtaining a permit is a criminal offense. The Idaho code concerning tobacco sales (Idaho Code 39-5709) states:

"The sale or distribution of tobacco products without a permit shall constitute a misdemeanor punishable by imprisonment not exceeding six (6) months in the county jail, a fine of three hundred dollars ($300), or by both such fine and imprisonment. If the sale or distribution of tobacco products was to a minor, the fine shall be no less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).

In addition to the penalties above, the court may impose an additional fine of one thousand dollars ($1,000) per day beginning the day following the date of citation as long as the illegal tobacco sales or distribution continues. The first seven (7) days of additional fines may be suspended provided that the business or seller is able to prove that the business or seller has applied for the permit within seven (7) days of the citation. (Idaho Code 39-5709)